By Mark Wachtler
September 22, 2014. Phoenix. (ONN) There’s a simple yet unbelievable fact concerning the rule of law in America. Some how, some way, the Dept of Health and Human Services has managed to put itself above the law. Judges across the US are required to rule in favor of welfare caseworkers regardless of how wrong, fraudulent or criminal their claims are. The result is that millions of American kids have been taken from their parents for no reason. They’re all boiling mad and they’re all fighting back.
Parents protest outside DCFS demanding the return of their children. Image courtesy of IndyMedia.org.
DCFS subverts Judicial Branch
It’s a legal precedent right out of Nazi Germany and Soviet Russia - the state welfare agency automatically wins every court case against parents and families, no matter what. In other words, US judges are required by law to rule in favor of the government, always, even when they’re horribly and criminally wrong, even when innocent kids are kidnapped at gun point from their parents in the middle of the night.
Your author has been victimized by these “state guidelines” first-hand for years and I’m still fighting this legal nightmare. I thought it was bizarre and impossible when a Georgia Judge explained to me, “Even though you’re right and you’re being unjustly victimized, there’s nothing I can do. I’m required by state guidelines to rule in favor of the caseworker, regardless of the evidence or the facts of the case.”
Sara - Arizona
Less than a month ago, we brought readers the horrifying story of Sara from Arizona. Five years ago, Sara was a new mom. A welfare caseworker launched an investigation of the family after the caseworker mistakenly believed the baby may have had a seizure. That was immediately proven false by the agency’s own doctors. But that didn’t stop DCFS from taking Sara’s baby and putting him in state custody. Over the next five years, Sara has had her next three sons also confiscated by DCFS, each on four different occasions, admittedly for no reason other than the fact that that agency confiscated her first son back in 2009, which was a documented and proven mistake on DCFS’ part to begin with.
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But none of it matters. Each time Sara and her family go to court to fight to get her children back, 24 times at last count, the judges present the same legal ruling that your author and millions of other American parents have been victimized by - DCFS is above the law and US judges are forced to rule in their favor. Nobody has ever shown Sara to be a bad parent or anything negative. But it doesn’t matter. DCFS kidnapped her children in violent police raids and she can’t get them back. She has no legal recourse, just like your author and millions of other American parents.
Read last month’s Whiteout Press article, ‘Family wages 5-Year Battle to get Kids back from AZ DCFS’ for more information on Sara’s case.
Brandy - Iowa
Almost immediately after Whiteout Press published Sara’s horrifying story of Arizona DCFS kidnapping her four sons for no justifiable reason and with no legitimate recourse for appeal, we received a blizzard of similar letters from other parents around the country who’ve also had their children stolen by DCFS for no legitimate reason. One of those letters was from a mother in Iowa named Brandy.
Outdoing Sara’s four sons, Brandy has five boys. DCFS removed them from her for allegedly “running”, “spitting” and being disobedient, or in other words, being typical of many young boys. Again, like so many other cases, there was no abuse or neglect and not even an accusation of any. But also like the hundreds of thousands of other cases every year, it didn’t matter. DCFS isn’t bound by the rule of law like the rest of American society.
In her own words, Brandy explained the first time she was allowed to visit her sons after the police raided the home and took them away. “I was asked many questions by my boys. All I could say was me and your dad are working on getting you boys home,” Brandy tearfully recalls, “For some reason, no matter how much proof I had saying my children were well behaved, the CPS people were able to place them on drugs and place them in four different homes in four different towns so they couldn’t even go to school together. These people hurt my children in so many ways. It is sad that these people have the power that only God should have. How can these people live with themselves, making money off hurting children?”
Brandy goes on to touch on another aspect of the epidemic of state-sponsored child trafficking that is curiously the same problem other parents are running into, including your author. The welfare caseworkers responsible for wrongly removing children and even falsifying documents and testimony are rapidly promoted into supervisory positions, making the parents’ fight to get their kids back even more difficult.
What is less reported but the same in many of the cases we looked at was there were select caseworkers who agreed that the parents were being wronged and their children should never have been removed in the first place. Those DCFS employees, without exception, either quit their jobs or were forced out of the agency for not going along with the program. That too makes it nearly impossible for parents to fight the system, with the only DCFS employees willing to tell the truth being forced out of the agency.
Brandy and her sons’ story is long and detailed, but certain aspects are worth repeating. For instance, one judge returned one of her sons at one point in the ongoing legal fight. At another point, a judge gave back three more of her sons, but only after making the condition that she and the boys not live in their home but instead be required to live in a dangerous, violent shelter, which they did for months. But when the shelter announced it was no longer allowing the Iowa DCFS to use it as a prison for moms and their children, Brandy and the boys needed a new place to live. They asked the judge if they could move back home, but were denied. Instead, the court deemed them homeless and took her boys away again because of it.
After having her four sons taken away again and being left only with her youngest, Brandy stumbles over her words and tears, trying to understand the unbelievable injustice she and her kids have endured for the past four years. “This is where I get confused on how, after all the proof I had, he removed my parental rights to my four older boys,” she heartbreakingly recalls, “I read through all they wrote and just cried. Because these people, no matter what they say, their word is gold. How do they get that power? Their words are lies, that’s why I cried.” Brandy says she isn’t asking for donations for legal help. Instead, she just wants the American people to see what’s happening to her family and so many others.
Karen - Arizona
Karen is a 43-year-old single mother from Arizona. Her story may be unique for the moment, but if it is, it won’t be for long. If her case sets a precedent, millions of other American parents will soon find the police kicking down their doors and taking their children into state custody. Like the other cases we’ve documented, Karen’s children were originally taken away from her due to a mistake by a government agency. In her case, along with thousands of other residents of southern Arizona, her personal and financial information was stolen in a giant data breech.
After having her identity stolen along with thousands of others, Karen was arrested over a case of mistaken identity and she was forced to spend one night in jail while authorities verified her story. After immediately exonerating her, the single mom was released from custody and she returned home to find that her children had been taken by DCFS in the middle of the night. Child Protective Services insisted that Karen left her kids unattended when she was mistakenly arrested and she was losing her parental rights because of it.
It didn’t matter that she was wrongly arrested. It didn’t matter that it was the police that left her kids alone and not her. It didn’t matter that the kids that were removed because they were left unattended were actually 16 and 15 years old and perfectly capable of looking after themselves for one evening. And it didn’t matter that they weren’t alone anyway and were under the near-by supervision of Karen’s oldest son and his wife. None of that mattered - Karen’s children were taken from her by the state and not returned.
As if that story doesn’t strike fear into the hearts of American parents, what happened to Karen next is sure to play out again and again across the country. Karen is medically disabled, but has had no trouble raising her kids without incident for over two decades. And since medical marijuana has become a legally recognized prescription in half the states in the country and growing every year, millions of parents now use cannabis to ease their pain, increase their appetite, eliminate seizures and even shrink cancer tumors. Thanks to what DCFS did to Karen and her children, every one of those marijuana prescribed parents can have their children taken by the state for no other reason than that.
In Karen’s specific case, she was in the process of fighting for the return of her teens when she participated in a CPS check on her home. As she describes, it had been six hours since the tiniest amount of marijuana was smoked in the house. But after a 45 minute in-home visit by the welfare caseworker, the DCFS employee drove herself to the emergency room where she claimed to be overdosing on marijuana from a contact high she received while in Karen’s home. The CPS caseworker tested positive for cannabis even though it’s a universally established legal precedent that it’s impossible to test positive for marijuana from secondary contact with the smoke. Ask any teenager who’s unsuccessfully tried to use that as a legal defense.
Now, DCFS has cancelled Karen’s visitation rights with her children while she fights for their return. Showing just how unnecessary this whole episode is, Karen’s kids are 16 and 15 respectively. The state is spending hundreds of thousands of dollars to prosecute, house, drug and detain her kids. Fortunately, they’re old enough to keep running away from the taxpayer-funded foster home, which they repeatedly do. They’re going to be legal adults before this case even comes to completion and it seems to be a complete waste of time and resources, not to mention a heartless miscarriage of justice.
“The children have been in custody since January 28th,” Karen told us here at Whiteout Press, “Our counseling has been stopped and they haven’t arranged any visits for us. The courts ordered our counseling to continue and weekly visits to be given, yet CPS hasn’t complied. Since the children have been gone, my disability has been cut and assessed child support. I am now at risk of losing our home. I am doing everything I can to raise the funds to hire the attorneys needed to handle this case while time is running out. I am being wrongfully accused and have the documentation to prove my innocence. I am fighting for my family, to clear my name, get my children back and save our home. I am desperate and pleading for any and all help that the public can give us.”
For those who want to help, Karen and her family have opened an online donation account at YouCaring.com.
Luis - Washington State
Another victimized parent who’s fighting back is Luis from Washington State. Luis is beyond fighting for his own rights and justice in his case. He’s so frustrated and angry, he’s expanded his fight to take on the entire DCFS agency and the Child Protective Services caseworkers that are systematically destroying hundreds of thousands of families per year. Just like all the other parents who’ve been victimized and know that right is on their side, Luis doesn’t hesitate to name names when it comes to predatory CPS employees. But unlike Sara, Brandy and Karen, Luis doesn’t hesitate to get confrontational.
“The dependency petitions are a sham, bootleg document with no standards,” the man who vows to destroy CPS insists, “Any brainless bimbo and stupid, lying CPS social worker like Paige Cummings or Kelly Linscott can sign a dependency petition or a termination of parental rights petition and the Kitsap County Superior Court judges will simply rubber-stamp anything these dizzy broads ask them to, without requiring them to provide evidence to support their forged and perjured dependency and termination petitions!”
While we like to explain that American judges are required to rule in favor of the welfare caseworker regardless of the merits of the case, Luis uses his own words to sum up the same revelation. “This means that all Kitsap County Superior Court judges are the CPS social workers’ b*tches!” he exclaims, “These sham and phony bootleg dependency petitions were NOT drafted by the legislature.”
Luis is so active in the fight for parents’ rights, he prints up fliers and recruits fellow parents to hand them out on the sidewalks outside Washington State courthouses. He goes straight to the rule of law in his argument. “The Fourth Amendment requires that arrest warrants be based ‘upon probable cause, supported by Oath or affirmation’ - a requirement that may be satisfied by an indictment returned by a Grand Jury, but not by the mere filing of criminal charges in an unsworn information signed by the prosecutor.”
He reiterates the legal precedent arguing, “Accordingly, since most prosecutions in Washington are commenced by information, Washington law requires, in compliance with the constitutional command, that an arrest warrant be supported by either an affidavit or a sworn testimony establishing the grounds for issuing the warrant. And the court must determine there is probable cause before issuing the warrant.”
Luis goes on to detail the extensive list of court precedents that insist DCFS and CPS caseworkers are bound by the same Fourth Amendment limitations that police officers are when entering a home, executing a warrant or taking a human being into custody. The angry and frustrated parents’ rights activist is literally putting together a case to turn over to a federal Grand Jury asking for the widespread indictment of all the DCFS/CPS employees and judges who’ve kidnapped and leased out millions of American children over the last few years.
“They are using these unsworn dependency petitions to apply for federal funding to get money that is sitting in a federally chartered bank. That’s called bank fraud,” he insists, “They are using these same unsworn dependency petitions to make demands for payment of child support through the mail, which also violates the Hobbs Act, in addition to violating the mail fraud statutes. I am setting up CPS to be indicted by a federal Grand Jury and laying the groundwork to make it happen, like Operation Graylord did in the 1970’s, which caused over thirty judges on both the state and federal level to go to prison!” Luis freely gives out his personal email address to anyone who wishes to get involved and help him in his effort. Anyone who would like more information can email him at rcwcodebuster(at)aol(dot)com.
It’s difficult to pick the biggest outrage from all these victims. But the one with the widest implications is the fact that DCFS caseworkers overrule everyone, even judges in their own courtroom. And as the many heart-wrenching letters we received after we told readers about Sara’s story illustrates, this unbelievable episode is widespread and occurring across the country. The victims we document in this article alone come from Washington, Arizona, Iowa, Georgia and Illinois. Something is definitely wrong here. But what can the American people do? What can any people do when they are deprived of justice on such a widespread scale and children are the victims? It’s a rhetorical question, but be careful when answering it. They might just take your kids away if they don’t like your answer.